On 28 October 2015, based on thorough legal and factual analysis of the information available, the Office concluded that there is no reasonable basis to proceed with an investigation, and decided to close the preliminary examination.
DOCUMENTS
Jurisdiction – General status
Honduras deposited its instrument of accession to the Rome Statute on 1 July 2002. The ICC may therefore exercise its jurisdiction over Rome Statute crimes committed on the territory of Honduras or by its nationals from 1 September 2002 onwards.
Procedural history and focus of the preliminary examination
The preliminary examination of the situation in Honduras was announced on 18 November 2010. The OTP received numerous communications under article 15 of the Rome Statute related to the situation in Honduras. The preliminary examination focussed on alleged Rome Statute crimes committed in the aftermath of the coup d'état of 28 June 2009 and over subsequent years, including the crimes against humanity of murder; deportation and forcible transfer of population; imprisonment or other severe deprivation of physical liberty; torture; persecution; rape and other forms of sexual violence; and other inhumane acts.
In November 2013, the Prosecutor concluded that the information available did not provide a reasonable basis to believe that the alleged crimes committed between 28 June 2009 and 27 January 2010 amounted to crimes against humanity. However, in the light of subsequent allegations of crimes committed after 27 January 2010, and in the Bajo Aguán region, the Office continued its preliminary examination to determine whether such allegations could either affect the legal characterisation of the conduct previously analysed, or could independently constitute crimes falling within the jurisdiction of the Court.
On 28 October 2015, based on thorough legal and factual analysis of the information available, the Office concluded that there is no reasonable basis to proceed with an investigation, and decided to close the preliminary examination.